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Michael T Millar
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Michael Millar’s Answers

3,491 total


  • What type of attorney do i need to sue previous property owner & builder for fraud?

    Previous owner apparently constructed lower part of house without building permit. This information was not disclosed verbally or in any documentation when I purchased. County has made me tear down lower part of house.

    Michael’s Answer

    Look for an attorney who focuses on consumer protection law.

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  • TIME TO ACCEPT OR REJECT AN OFFER TO PURCHASE REAL ESTATE?

    I submitted a signed offer to purchase a home on 7/29. My offer was not accepted nor rejected. It was simply ignored. I was told by her realtor that seller wanted a specific amount of money. So, I drafted a new contract for more money, signed i...

    Michael’s Answer

    Unless you placed a deadline in your offer, it is open ended. However, you have to right to withdraw your offer at any time before it is accepted. If you no longer want the home, send a letter withdrawing your offer.

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  • We closed on a house 4 weeks ago in Bergen County, nj, and still haven't received the recorded title, is this normal?

    We closed on a house in Bergen county 4 weeks ago, in Bergen county nj, and haven't received the recorded deed, my lawyer said at closing, that the deed would be back 6 to 8 weeks after closing. I did a search in the land records of Bergen county...

    Michael’s Answer

    As my colleagues have suggested, it is not unusual for a deed to take more than 30 days to get recorded.

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  • Title search

    I am selling my home an during the search was found two leans dating back about 35-40 yrs an my lawyer can not find any info about the liens. I want to close on my home, a move on what can be done next.??. I inherent the home from my parents back...

    Michael’s Answer

    More information is required. There are laws that allow you to remove "stale" liens from your title. A judgment is only good for 20 years, so if the lien is a judgment it has likely expired and should not be a cloud on your title. Also, the statute of limitations for enforcement of a mortgage is 20 years See Security National Partners v. Mahler, 336 N.J. Super. 101 (App. Div. 2000). Thus, a lender's right to enforce a mortgage expires 20 years after the last payment is due.

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  • I have a contract that is breached as a result of incomplete and insufficient work done on a 2 family home project.

    The contractor received 80% of the funds and less than 20% of the work is completed. I have a contract with the contractor and the work that he did complete is incorrect and cannot pass inspection. He fails to fix the errors and wishes to obtain a...

    Michael’s Answer

    Home improvement contracts are governed by the New Jersey Consumer Fraud Act. There are strict regulations for home improvements including that the contract specify a start date and an end date. Your first option is to contact the NJ Division of Consumer Affairs and file a complaint. Your other option is to contact a consumer protection attorney who is familiar with home improvement law and regulations.

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  • Real estate attorney AND title company?

    I am a first time home buyer. I hired an attorney to represent me during the attorney review process. She is doing all the due diligence, title search, survey, etc. Do I also have to hire the services of a title company to assist me in the closing...

    Michael’s Answer

    Under the new Federal Consumer Protection Bureau (FCPB) rules that go into effect this fall, New Jersey closing procedure will undergo a significant change. With some lenders, the rules will go into affect before the October 1st deadline. NJ, like most of the country, will move towards title company closings. Thus, you may pay for an attorney to negotiate your contract and home inspection issues and also pay for a title company to close the mortgage and title.

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  • I cosigned a 1 yr lease that went month/month after year. Am I still on the lease if I didn't sign after 1st year?

    Do I need to write a letter to get my name off the lease if I didn't sign on for the month to month?

    Michael’s Answer

    Yes - it is likely that you are still liable under the original lease. Thus, if you have moved out, you should send written notice to the landlord that you no longer reside there and and cancel the lease as it applies to you.

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  • Property was reassessed after purchase. Who is liable for prior years tax due?

    Few months ago, I purchased residential property with 3 units in it. I just received RE Tax bill which was tripled of what it was when I bought this property. It turned out that prior owner did not let assessors come in to examine the property and...

    Michael’s Answer

    In residential real estate, a seller has an affirmative obligation to disclose latent material conditions that are not readily observable. If the Seller made improvements, but failed to permit inspections until after the closing, arguably you have an action against the seller for the failure to disclose the fact that there would be a significant increase in taxes. On the other hand, if you knew that the property had been renovated, there may be an issue with what pre-closing due diligence you conducted.

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  • My home and car have been damaged by my neighbors trees and it's at my expense.

    My insurance company and I will be paying for my damages but I would like to know if there is someway I can let him know that from now on his trees should be maintained. One Insurance adjuster tells me I can send him a letter but another one says...

    Michael’s Answer

    You don't explain how the trees are damaging your property. As indicated by colleague, you have a right to trim any branches that hang over onto your side of the property line. If the tree is old and diseased so that limbs are falling off, then you can send a letter to put him on notice that there is an issue with the tree. The prior notice may help you in the future if a limb falls and damages your property and the neighbor took not steps to address the issues raised by your notice..

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  • Can you stop a defendant from selling assets during a lawsuit?

    my former business partner owes me money. he has an apartment which i know is paid for. however i am pretty sure that as soon as he is served with the lawsuit, he will transfer or mortgage the apartment so that there will be no equity there. my q...

    Michael’s Answer

    As previously indicated, the relief of a pre-judgment attachment is a rarely granted remedy. You would have to review the particular circumstances of your matter with a local attorney to determine if yours is the exception to the general rule.
    There is also a fraudulent conveyances law which provides that the transfer of property to avoid creditors can be undone under certain circumstances. For example, deeding a home to a spouse or child for less than fair market value would likely be deemed a fraudulent conveyance if the person knew of a debt or lawsuit prior to the transfer.

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